NOTICE: - While reasonable efforts have been made to assure the accuracy of the data herein, this is NOT the official version of Senate Journal. It is published to provide information in a timely manner, but has not been proofread against the events of the session for this day. All information obtained from this source should be checked against a proofed copy of the Senate Journal.


UNCORRECTED PROOF OF THE
JOURNAL OF THE SENATE.


Seal of the Commonwealth of Massachusetts

JOURNAL OF THE SENATE.

Wednesday, November 24, 2004.

Met at two minutes past eleven o’clock A.M. (Mr. Hart in the Chair) (having been appointed by the President, under authority conferred by Senate Rule 4, to perform the duties of the Chair).

The Chair (Mr. Hart), members, guests and employees then recited the pledge of allegiance to the flag.

Communication.

A communication was received from the Honorable Brian P. Lees, Minority Leader of the Senate, announcing the appointment of Senator Michael R. Knapik to the Special Commission established (pursuant to Section 370 of Chapter 149 of the Acts of 2004) to make an investigation and study relative to residential care facilities (received in the Office of the Clerk of the Senate on Tuesday, November 23, 2004).

PAPERS FROM THE HOUSE.

A message from His Excellency the Governor recommending legislation relative to authorizing a certain question to be placed on the ballot in the town of Lancaster (House, No. 5133),— was referred, in concurrence, to the committee on Election Laws.

Bills

Further regulating insurance laws of the Commonwealth (House, No. 24, changed and amended,— on House, No. 8, in part); and

Providing greater consumer protection powers to the boards within the Division of Professional Licensure (House, No. 5074,— on House, No. 4937); and

Resolve in favor of the estate of Mary Jane Simmons (House, No. 5073,— on petition);
Were severally read and, under Senate Rule 27, referred to the committee on Ways and Means.

A Bill relative to certain sewer betterments in the city of Gloucester (House, No. 4889,— on petition) [Local approval received],— was read and, under Senate Rule 26, placed in the Orders of the Day for the next session.

Resolutions.

The following resolutions (having been filed with the Clerk) were considered forthwith and adopted, as follows:—

Resolutions (filed by Ms. Creem) “on the celebration of Hanukkah.

Matters Taken Out of the Orders of the Day.

There being no objection, the following matters were taken out of the Orders of the Day and considered, as follow:

The House Bill relative to the reporting of abuse of elders (House, No. 1116),— was read a second time.

Mrs. Sprague presented an amendment striking out all after the enacting clause and inserting in place thereof the following text:—

“SECTION 1. Section 15 of chapter 19A of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word ‘podiatrist’, in line 5, the following words:— , director of a council on aging, outreach worker employed by a council on aging.”; and by inserting before the enacting clause the following emergency preamble:—

Whereas, The deferred operation of this act would defeat its purpose, which is forthwith to mandate reporting of elder abuse and neglect by certain employees of councils on aging, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of public safety and convenience.”.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill establishing municipal affordable housing trust funds (House, No. 4709),— was read a third time.

Pending the question on passing the bill to be engrossed, Ms. Chandler moved that the bill be amended by striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2506.
The amendment was adopted.
The bill was then passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The House Bill authorizing the town of Plymouth to lease certain land (House, No. 4818, changed),— was read a second time.

Ms. Murray presented an amendment in section 1, by adding the following sentence:— “Such leases may provide that the lessee shall be responsible for the design, development, construction and maintenance of improvements to the site as outlined in the lease agreement.”.
The amendment was adopted.
The bill, as amended, was then ordered to a third reading, read a third time and passed to be engrossed, in concurrence, with the amendment.
Sent to the House for concurrence in the amendment.

The engrossed Bill relative to the certification of speech-language pathology assistants and audiology assistants (Senate, No. 2296, amended),— came from the House amended as follows: in section 13 (as printed), in lines 37, 38 and 39, by striking out the paragraph contained therein and inserting in place thereof the following paragraph:

“(c) The task force shall submit a report to the joint committee on education, arts and humanities and the house and senate committees on ways and means not later than March 15, 2005.”.
The rules were suspended, on motion of Mr. Tisei, and the House amendment was considered forthwith and adopted, in concurrence.

Engrossed Bill.

An engrossed Bill relative to the civil commitment process for persons with mental illness (see House, No. 3170) (which originated in the House), having been certified by the Senate Clerk to be rightly and truly prepared for final passage, was passed to be enacted and was signed by the Acting President and laid before the Governor for his approbation.

Report of Committees.

By Mr. Brewer, for the committees on Rules of the two branches, acting concurrently, that Joint Rules 12 and 7B be suspended on the Senate petition of Richard T. Moore and Mark J. Carron (with the approval of the town council) for legislation relative to the financial conditions in the town of Southbridge [Local approval received].
Senate Rule 36 was suspended, on motion of Mr. Tisei, and the report was considered forthwith. Joint Rule 12 was suspended; and the petition (accompanied by bill) was referred to the committee on Local Affairs and Regional Government.
Sent to the House for concurrence.

PAPER FROM THE HOUSE.

A petition (accompanied by bill, House, No. 5137) of A. Stephen Tobin for legislation to authorize the Trial Court to establish a sick leave bank for Sean Glennon, an employee of said court,— was referred, in concurrence, under suspension of Joint Rule 12, to the committee on the Judiciary.

Order Adopted.

On motion of Mr. Tisei,—

Ordered, That when the Senate adjourns today, it adjourn to meet again on Monday next at eleven o’clock A.M., and that the Clerk be directed to dispense with the printing of a calendar.

On motion of the same Senator, at eighteen minutes past eleven o’clock A.M., the Senate adjourned to meet on the following Monday at eleven o’clock A.M.